Modern Woodmen of America v. Kozak
Nebraska Supreme Court
Error from the district court for Gage county. Tried below before Letton, J. The statements made in the death proofs are admissions of the beneficiary. New York Central Ins. Co. v. Watson, 23 Mich., 485. The rule that the proofs are not evidence in favor of the insured, does not preclude them from operating as admissions. New York Central Ins. Co. v. Watson, supra; Campbell v. Charter Oak Fire d Marine Ins.
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Error from the district court for Gage county. Tried below before Letton, J. The statements made in the death proofs are admissions of the beneficiary. New York Central Ins. Co. v. Watson, 23 Mich., 485. The rule that the proofs are not evidence in favor of the insured, does not preclude them from operating as admissions. New York Central Ins. Co. v. Watson, supra; Campbell v. Charter Oak Fire d Marine Ins. Co., 10 Allen [Mass.], 213. We do not mean to say that the party may not correct a mistake of fact in his original statement, but such a correction is not to be made known to the insurer,…
1Opinion of the Court
Kirkpatrick, C.
This action was brought in the district court of Gage county by defendant in error against plaintiff in error to recover upon a policy of life insurance or benefit certificate issued by plaintiff in error upon the life of John Kozak, in which certificate defendant in error was named as beneficiary. The petition set out a copy of the policy and alleged the death of insured, and full compliance with all the conditions and requirements of the contract on the part of insured and his beneficiary to be performed. The an*149swer admitted the execution of the benefit certificate;…
2Cases cited4 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Leman v. Manhattan Life InsuranceSupreme Court of Louisiana · 1894
- Selden v. MyersSupreme Court of the United States · 1858
3Cited by13 opinions
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Webster v. New York Life Ins. Co.Supreme Court of Louisiana · 1926
- Kornig v. Western Life Indemnity Co.Supreme Court of Minnesota · 1907
- Hardinger v. Modern Brotherhood of AmericaNebraska Supreme Court · 1904
- Honrath v. New York Life InsuranceSouth Dakota Supreme Court · 1937
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